Designation of Bargaining Representative

(1) A TND Organization may use authorization cards, petitions, or other evidence accepted by the Department to demonstrate that an active TND has designated the TND Organization as the TND’s bargaining representative for the purpose of collective bargaining. (2) To be valid, a TND’s designation of bargaining representative evidence must be executed and individually dated by the TND no more than one year before evidence of the designation is submitted to the Department. The designation shall also include: (a) a statement sufficient to show that the TND has authorized the TND Organization to act as the signer’s exclusive bargaining representative and to negotiate on its behalf with respect to pay, hours, and other terms and conditions of work; (b) the TND’s signature as deemed acceptable by the Department; (c) the TND’s name; (d) the date that the designation of bargaining representative evidence was executed by the TND; (e) the TND’s driver’s license number; (f) the TND’s email address; (g) the TND’s telephone number; and (h) any other evidence that the Department may require. The designation of bargaining representative evidence should also include the name of each platform the TND uses and the language in which the designation evidence was presented to the TND, if not evident from the face of the designation evidence. The failure of the designation evidence to contain the names of platforms used and language presented shall not alone invalidate such designation evidence. (3) The designation of bargaining representative evidence shall be filed in a secure method and format prescribed by the Department. Such filing must be accompanied by an electronic document containing separate and searchable fields for each TND who has submitted designation evidence in accordance with 456 CMR 24.05(2) and shall not contain information for TNDs who have not submitted all required designation evidence. The electronic document shall maintain separate and searchable fields for the information delineated in 456 CMR 24.05(2)(c) through (h). The TND Organization shall also attest that the statement and signature fields in 456 CMR 24.05(2)(a) and (b) were completed by the TND and that all of the statements on the Designation of Representative evidence were accurately translated into the TND’s selected language, as applicable. (4) For purposes of the processes set forth in 456 CMR 24.09(5)(b) and 456 CMR 24.09(8) only, a TND may use authorization cards, petitions, or other evidence demonstrating that the TNDs in the bargaining unit do NOT wish to be represented by any TND Organization. To be valid, this designation must be executed and dated no more than one year before the date that the evidence is submitted to the Department. The designation shall include: (a) a statement sufficient to demonstrate that the TND does not wish to be represented by any TND Organization; and (b) the information required in accordance with 456 CMR 24.05(2).